Uganda Breweries Limited v Byatukoreire & Another
Uganda Breweries Limited v Byatukoreire & Another (Civil Suit 64 of 2021) [2023] UGCommC 167 (30 November 2023)
The court found that the 1st defendant, a bailiff, was not a public officer and thus the limitation period for actions against public officers did not apply. Section 34(1) of the Civil Procedure Act did not bar the suit, as bailiffs are not parties to the original execution proceedings. The 1st defendant acted fraudulently by selling the attached goods by private treaty without a court order, failing to conduct a public auction as expressly required by the warrant, and providing incomplete and contradictory accounts of the goods sold. The valuation of the goods was found to be inadequate and…
Source excerpt
- Execution Of Judgments
- Court Bailiffs Liability
- Fraud In Execution
- Negligence Of Officers
- Valuation Of Attached Goods